Citation Nr: 9810351
Decision Date: 04/02/98 Archive Date: 04/23/98
DOCKET NO. 92-17 863A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in New
Orleans, Louisiana
THE ISSUE
Entitlement to service connection for degenerative disc
disease of the lumbar spine with mechanical back pain.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Michael F. Bradican, Associate Counsel
INTRODUCTION
The veteran served on active duty from April 1983 to July
1991.
This case arises before the Board of Veterans’ Appeals
(Board) on appeal from a rating decision of October 1991,
from the New Orleans, Louisiana, Regional Office (RO) of the
Department of Veterans Affairs (VA).
REMAND
The veteran contends that he experiences chronic low back
pain caused by degenerative disc disease. He specifically
contends that this disorder originated during his active air
service.
The Board notes that the veteran’s service medical records
include a Medical Board Report, dated in April 1991. Mild
degenerative disc disease is listed as a diagnosis, however,
the narrative summary indicates there was some disagreement
regarding this finding. A report of the findings and
recommendations of a Physical Evaluation Board, dated in May
1991, indicates a diagnosis of mechanical back pain and does
not list degenerative disc disease as diagnosis. This
Physical Evaluation Board recommended that the veteran be
separated as he was no longer fit for active service.
Postservice medical records include the report of a September
1991 VA general medical examination, with no special studies
of the spine, and private medical records from a neurology
consult, dated in March 1993. The records are negative for a
finding of degenerative disc disease.
The Board finds that an expert medical opinion would be
helpful. Therefore, this claim is remanded to the RO for the
following:
The claims folder should be referred to
an orthopedist who should provide an
opinion as to whether the veteran has
degenerative disc disease, and, if so,
whether it is as likely as not that this
condition began during his active air
service. He should be provided with the
complete claims folder for review and, if
the examiner feels that a physical
examination is necessary, the veteran
should be scheduled for such examination.
Upon completion of the above described item, the RO should
again consider the veteran’s claim for service connection for
degenerative disc disease with mechanical low back pain. If
the determination remains adverse, the RO should provide the
veteran and his representative a supplemental statement of
the case and adequate time to respond. The claim should then
be returned to the Board for further appellate consideration.
M. W. GREENSTREET
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1996).
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